MAHON v. TATE et al

Filing 88

ORDER ADOPTING 85 REPORT AND RECOMMENDATION. Defendant' motion for summary judgment (Doc. 71 ) is GRANTED. Plaintiff's motion for leave to file a fifth amended complaint (Doc. 78 ) is DENIED. The Clerk shall enter judgment in favor of Defendants and close the file. Signed by JUDGE T KENT WETHERELL II on 07/06/2020. (alb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
DUSTEN A. MAHON,
Plaintiff,
v.

Case No. 5:17cv181-TKW-EMT

MIKE MOORE, et al.,
Defendants.
_________________________________/
ORDER
This case is before the Court on the magistrate judge’s Report and
Recommendation (R&R) (Doc. 85). Plaintiff filed objections to the R&R (Doc. 86)
to which Defendants filed a response (Doc. 87). Based on the Court’s de novo
review of the issues raised in the objections,1 the Court agrees with the disposition
recommended in the R&R because (1) there are no disputed issues of fact from
which a reasonable jury could conclude that Defendants were deliberately indifferent
to Plaintiff’s medial needs, and (2) Plaintiff failed to provide an adequate
justification for his delay in seeking leave to file a fifth amended complaint and, in
any event, the new claims that Plaintiff wanted to assert in the proposed fifth
amended complaint are inadequate as a matter of law. Likewise, insofar as Plaintiff

The Court sees no need for—and, thus, denies—Plaintiff’s request for a hearing on the
Defendants’ motion for summary judgment. See Doc. 86, at 16.
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asks for the first time in his objections to be allowed to add claims against Nurses
Howell and Walshingham (see Doc. 86, at 16), he offers no justification—and the
Court sees none—for his failure to seek leave to assert these claims sooner.
Accordingly, it is ORDERED that
1. The R&R is adopted and incorporated by reference in this Order.
2. Defendants’ motion for summary judgment (Doc. 71) is GRANTED.
3. Plaintiff’s motion for leave to file a fifth amended complaint (Doc. 78) is
DENIED.
4. The Clerk shall enter judgment in favor of Defendants and close the file.
DONE and ORDERED this 6th day of July, 2020.

T. Kent Wetherell, II
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE

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